Mechanism for Protection of Human Rights and Freedoms in Activity of National Police of Ukraine

Abstract

The purpose of the article is to theoretically summarize and solve a complex scientific and applied problem of forming a theoretical concept of the content of the mechanism of protection of human rights and freedoms in the activities of the National Police of Ukraine with the development of proposals and recommendations aimed at improving legislation and applicable law practice. The methodological basis of the research is the dialectical method of scientific cognition, which allows to consider the legal, functional, organizational and procedural aspects of the protection of human and citizen’s rights and freedoms in the activities of law enforcement agencies in their development, interconnection and mutual influence. The epistemological method revealed the role and importance of the National Police of Ukraine in the human rights system; logical-semantic method deepened the conceptual apparatus, defined the essence, features and meaning of «mechanism of protection» and «mechanism of protection.» Using the system-structural method, the constituent elements of such a protection mechanism are investigated. The structural-logical method is applied to determine the main directions of improvement and optimization of protection of human rights and freedoms in the activities of the National Police of Ukraine. The scientific novelty of the obtained results is that in the article comprehensively, using modern methods of cognition, taking into account the latest achievements of legal science at the systematic level of analysis and generalization, the directions of activity of the National Police of Ukraine on protection of the rights of protection of human rights and freedoms are described. The peculiarity of the activity of police officers aimed at the protection of human rights and freedoms is investigated, theoretical principles and main directions of improvement of this activity are analyzed and summarized. Conclusions. Qualitative, effective implementation by the National Police of the task of ensuring human rights and freedoms depends to some extent on the proper legal regulation of these activities through laws and other regulations. This legal regulation should have the following purpose: determination of the range of public relations that need to be secured by the National Police of Ukraine (in such cases the normative acts shall specify the content, the spheres of implementation, the list of subjects using this or that opportunity); a clear definition of the powers (rights and duties) of different services of the National Police and their officials while ensuring the exercise of the rights and freedoms of citizens (a clear definition of the rights and duties of police officers in relation to citizens, state bodies and their representatives, public organizations, clear legal regulation of preventive measures, means of persuasion and coercion, grounds, conditions, procedure for their application); fixing the types and measures of responsibility of employees of the National Police for non-performance or improper performance of certain powers for ensuring the rights and freedoms of citizens (the purpose of this goal is to ensure the principle of legality in police activity). The mechanism of organizational and legal support of human rights and freedoms by the National Police of Ukraine is the only, wholly and qualitatively independent phenomenon of the legal system, which is a complex
of interrelated and interacting preconditions, means and conditions that create adequate legal and factual opportunities for the full realization of each of their rights and freedoms.

Keywords: human rights and freedoms; protection of human rights and freedoms; National Police of Ukraine; organizational and legal basis; mechanism of protection; forms; methods; improvement; security.